Property Law

This lesson provides an introductory overview of the distinction between real property and personal property, including the historic origins of the distinction, the consequences of attaching things to land and severing things from land, the significance of fixtures, and examples of intangible property classified as real or personal property.

This lesson addresses inter vivos gifts of property, focusing primarily on personal property (but with a brief discussion of inter vivos gifts of land). The lesson explores the function of the various requirements (donative intent, delivery, and acceptance) for a valid inter vivos gift and the policies implicated by the law of gifts. The lesson includes a wide variety of problems designed to test student understanding of the rules governing inter vivos gifts.

This lesson follows up and builds upon the material in the lesson on Inter Vivos Gifts, but focuses instead upon transfers at death or in anticipation of death.

This lesson provides an introductory overview of adverse possession.

This lesson introduces the student to the doctrine and processes involved in interpreting state and federal statutes. Statutes are a critical part of every substantive area of the law, so this is important background for every student, legal professional, lawyer and judge.

This lesson focuses on the "open and notorious" element of the common law adverse possession standard. This lesson and its accompanying questions should help students understand the following: the rationale behind the "open and notorious" requirement; how courts have applied the "open and notorious" requirement in a variety of different factual settings, including boundary line encroachments, subsurface rights, and "open lands" (large, unenclosed parcels of land not presently suitable for cultivation or development); and how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.

This lesson focuses upon the concept of "color of title" and the role that it plays in the resolution of adverse possession disputes. The lesson should assist students in understanding: the distinction between claims of possession with color of title and without color of title; the significance of color of title as a basis (in some states) for shortening the statutory period for adverse possession; and the significance of color of title as a prerequisite for a claim of title by constructive adverse possession.

This lesson focuses upon the requirements that claims of adverse possession must be exclusive, continuous (without interruption), and that the possessor must satisfy all elements of the adverse possession standard for the applicable statutory period.

This lesson focuses upon the requirement that an adverse possession claim must be based upon possession that is sufficiently "hostile" and "under claim of right." This lesson addresses the following topics: the rationale behind the "hostile/under claim of right" requirement and how it relates to the other elements of the common law adverse possession rule; the significance of "permission to occupy land" under adverse possession doctrine, and how to distinguish between permissive and hostile claims; and the legal standards by which differing courts have evaluated the hostility of a possessor’s claim, either by reference to the possessor’s actions (objectively), or state of mind (subjectively).

This lesson concludes the set of lessons on adverse possession with a series of review questions (including true-false, multiple choice, and essay questions) to test overall student understanding of the various elements of the adverse possession standard, as explored in the earlier lessons. This lesson may prove most helpful to students when reviewing the doctrine of adverse possession as part of their exam preparation.

This lesson focuses upon a number of doctrines that are closely related to adverse possession of land. It includes a discussion of the following doctrines: agreed boundaries; mutual recognition and acquiescence; estoppel; good faith improvement; and the extent to which one can establish title to chattels by adverse possession (or by the operation of finding statutes).

This lesson introduces the law of easements by describing the typical scenario in which the need for an easement arises, examining alternatives to the creation of an easement, offering a legal definition of an easement and summarizing the key sub-issues that arise in this legal area.

This lesson examines the four traditional negative easements of air, light, support, and access to water from an artificial stream, as well as three modern negative easements: easements of view, solar easements, and conservation easements.

This lesson examines the distinction between easements appurtenant (easements that exist to benefit another parcel of land) and easements in gross (easements that benefit an individual or business entity without regard to his or its ownership of land). The distinction is a crucial one in determining who is entitled to the benefit of the easement and how the easement may be used.

This lesson introduces the student to the most common type of easement, the express easement. When we speak of an express easement we mean an easement that is voluntarily created by the parties to it. Express easements are to be contrasted with easements that are implied by law. Implied easements are the subject of another lesson.

This exercise examines the requirements for implication of an easement of necessity. Implied easements of necessity arise when, as a result of an owner of land transferring part of his land, either the transferred part or the retained part is landlocked such that the owner of that parcel cannot gain access to it.

This exercise introduces one of the most significant vehicles for acquisition of an easement without the agreement of the servient landowner. Prescriptive Easements (also known as Easements by Prescription) arise out of open, notorious, adverse and continuous use of another person's land for the statutorily determined period of time. Through this use, a person essentially "adversely possesses" an easement over another's land. This tutorial introduces the user to the significant hurdles that face a claimant of an easement by prescription.

This lesson examines the circumstances under which the law will imply an easement from prior existing use of the dominant and servient parcels. Each of the required elements for such implication: common ownership, prior use, severance and reasonable necessity are addressed specifically. The lesson also describes the different burden imposed when the common owner claims the benefit of the easement from that imposed when the grantee claims that benefit.

This lesson explores the myriad ways in which easements may be terminated. It begins by focusing on express termination, the most effective way to terminate an easement when the holder of the benefit of the easement agrees to terminate it. The bulk of the interactive tutorial deals with the more complicated problem of termination without the express consent of the benefitted party.

This lesson examines the law of licenses, specifically as that law intersects the law of easements. The Lesson first defines licenses and contrasts that definition with the definition of easements. It then explores the circumstances in which a license, normally revocable, becomes irrevocable and explains that an irrevocable license essentially gives the parties the same rights and duties as an easement would.

This tutorial is the first in a series of interactive tutorials written to assist the beginning student with a basic introduction to analyzing real covenants, equitable servitudes and similar use restrictions applied to real property. Once the student successfully completes the current lesson, he or she may later use the series of questions throughout this lesson as a preliminary review for a final examination.

This lesson is designed to assist the beginning Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What is required for one to be able to enforce a real covenant, equitable servitude or restriction?"

This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "Under what circumstances might one who is not the original promisor be liable for not performing the promise?"

This lesson is designed to assist the first year Property student in analyzing the various questions arising from one's attempting to enforce real covenants and equitable servitudes. It follows in the order of the analytical process developed in the lesson on creating covenants and addresses the question "What defenses might be available to one against whom another is attempting to enforce a real covenant, equitable servitude or restriction?"

This lesson is designed to assist the beginning Property student with analyzing the numerous potential questions arising when one encounters a real covenant or equitable servitude. The lesson addresses the questions of what might make a validly created covenant or equitable servitude invalid or unenforceable and what factors influence whether a restriction applies to offending conduct.

This lesson and Basic Future Interests are designed to provide a comprehensive interactive tutorial with a scope corresponding to the usual coverage of estates and elementary future interests in the typical first-year property course. They are designed to be useful either for review or as a "first learning exposure" to the subjects covered.

This review exercise consists of 100 questions about the estate system. It should be attempted only after studying the material in class or in other CALI lessons.

In the Anglo-American legal system land is not owned directly. Rather, people own legal interests in land. The reason land is owned in this way goes back to the feudal origins of land holding in England. The fee simple absolute is one of the estates in land, which emerged from that system.

This lesson will help you understand: (1) the legal concept of an estate in land, (2) the legal characteristics of the fee simple absolute, and (3) what is necessary to create a fee simple absolute.

This lesson will introduce students to the estate in fee tail, one of the traditional estate in land recognized by Anglo-American Law. While the fee tail has been abolished in most American jurisdictions, it continues to be recognized in modified form in a few states. Understanding the fee tail will give you a better understanding of the system of estates in land as a whole.

In property, trusts and estates, or wills students learn a range of technical language for creating estates and interests in land and other property. They have probably prepared themselves to recognize these "magic words" and identify the interests they create. They may even find themselves enjoying this linguistic exercise, feeling as though here, finally, is an area of law in which there are "right" and "wrong" answers.

This lesson will examine the life estate, the shortest freehold estate in land recognized by Anglo-American law.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

This lesson is part of a series of exercises covering Basic Future Interests. While the 10 lessons comprising this series can be worked in any sequence, the lessons do to some degree build on each other. Thus, it is suggested that students work them in order.

Basic Future Interests is a follow-up tutorial exercise to The Estate System. It deals with the two major classes of future interests, those retained by transferors and those created in third persons. Emphasis is given to distinguishing among the various kinds of vested remainders and contingent remainders, as well as to distinguishing between remainders and executory interests. The lesson also provides the primary treatment of the defeasible fee simple estates, with emphasis on the future interests that tailor them.

This lesson reviews the key aspects of the Merger Rule, the Rule in Shelley's Case and the Doctrine of Worthier Title. These three rules transform future interests in certain types of conveyances and should be learned after one has mastered the classification of estates and future interests and before one studies the Rule Against Perpetuities.

This lesson is designed to introduce the novice to the essential concepts of the common law Rule Against Perpetuities. It is presumed the reader has a basic understanding of estates and future interests. This Lesson is designed, also, to help the student develop an analytical approach to solve problems arising under the rule.

This lesson's overall plan is to introduce students to the basic principles involved with two common modifications to the common law Rule Against Perpetuities: Wait-and-See and Cy Pres. The exercise assumes the student is familiar with Possessory Estates, Future Interests, and the common law Rule Against Perpetuities; it is suggested students work through those exercises first.

This lesson is an introduction to the Uniform Statutory Rule Against Perpetuities. As such, it addresses the basic concepts a first year Property student is likely to encounter when analyzing this statute.

This lesson is the first of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The tutorial progresses from addressing the traditional unities required to create a joint tenancy, the resulting right of survivorship, and the numerous events severing the tenancy. Also, it addresses the status of joint tenancy under modern statutes.

This lesson is the second of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The interactive tutorial progresses from addressing the traditional requirements to create a tenancy in common, the lack of right of survivorship and the status of the tenancy in common under modern statutes.

This lesson is the third of several addressing the various relationships resulting in the concurrent ownership of property. It is designed to introduce Property students to this tenancy form. The lesson progresses from addressing the traditional elements required to create a tenancy by the entirety, the resulting right of survivorship and the events severing the tenancy. Also, it deals with the status of the tenancy by the entirety under modern statutes.

This lesson is the fourth of several addressing the various issues relating to the concurrent ownership of property. It is designed to introduce Property students to the rights and obligations co-tenants have when dealing with property held by a concurrent estate. The lesson addresses each respective tenant’s possessory rights, obligations for costs and expenses relating to the subject property, potential for ousting another co-tenant, and liabilities in the event of having ousted another co-tenant.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student’s skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

This lesson consists of 60 hypothetical factual situations designed to reinforce the student's skills in applying the major principles and precepts of basic property law. The student is expected to determine the correct answers by reasoning from hypothetical facts through the applicable precepts and principles, rather than merely being able to identify the rules that apply. This lesson is designed to be used late in the semester by students and in discussion groups of two or three, where the reasoning can be aired before answering.

This lesson provides an introductory overview of landlord-tenant law, including: the historical origins of non-freehold estates; basic vocabulary of landlord-tenant law; including the concept of rent; the significance of leases as a mechanism for gaining the right to use and possess land; and the conveyance and contract theories of landlord-tenant law as alternative approaches for fashioning legal rules.

This lesson addresses the application of the statute of frauds to leases of real property. Topics include the conveyance and contract provisions of the statute; the contents of the lease document that are required to comply with the statute of frauds; the effect upon the parties when a tenant takes possession under an invalid oral arrangement; the doctrine of part performance; and the statutory exception for short-term leases.

This lesson in landlord-tenant law covers the tenancy for years, also known as the estate for years, term for years, or term of years.

This lesson in landlord-tenant law addresses the periodic tenancy, also known as the periodic estate. Topics include creation of the periodic tenancy by express agreement, creation by implication, and termination of the periodic tenancy by notice. Hybrid transactions, which combine elements of the periodic tenancy and the term of years, are also considered. A sample essay exam question is included.

This lesson in landlord-tenant law addresses the tenancy at will, also known as the estate at will. Topics include creation of the tenancy at will by express agreement, creation by implication, and termination of the tenancy at will by notice. Hybrid transactions in which one or both parties relinquish or modify their right to terminate at any moment are also considered.

This lesson in landlord-tenant law addresses the tenancy at sufferance, also known as the estate at sufferance. This subject is also known as the law of holdover tenants. Topics include creation of the tenancy at sufferance by implied and express agreement, the landlord's election to treat the tenant at sufferance as a trespasser or as a tenant under a new lease, and the liability of the tenant at sufferance for rent and other obligations. Eviction rules and procedures are not covered in detail in this lesson.

This lesson in landlord-tenant law addresses the covenant of quiet enjoyment. Topics include use of an express covenant of quiet enjoyment, including variations in wording; implication of the covenant; the scope of the covenant (protection against the landlord; persons claiming through the landlord; and paramount titleholders), actual eviction; and remedies for breach of quiet enjoyment.

This lesson examines the duty of the landlord to deliver possession of the leased premises to the tenant. Courts have split as to whether the landlord has an implied duty to deliver actual physical possession of the property. Express lease provisions that bear on the delivery of possession are also considered. There is also a short discussion of a related topic: covenants of title in leases.

The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.

Riparianism is the system of water law used in most eastern states in the United States to govern property rights in water. This lesson provides a review of the basic concepts of the doctrine of riparianism for students in Water Law or Property classes. It covers both common law riparianism and regulated riparianism.

This lesson provides a review of the five major doctrines that states have employed to decide who has what rights in ground water.

This lesson provides a review of the doctrine of prior appropriation, the water law system that dominates in the western part of the United States.

This lesson provides a review of federal reserved rights for students who have covered that doctrine in a Water Law, Natural Resources Law, or Advanced Property course.

While most of the states in the country choose between the water law doctrines of prior appropriation and riparian rights, California applies both. This approach to state water law is called, appropriately, the California system.

This lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.

This lesson teaches you about the operation of Marketable Title Acts which are also known as Marketable Record Title Acts. The focus is on statutes based on the Model Act. You should already be familiar with recording acts before attempting this lesson.

This is the first of two advanced lessons on real estate purchase options. In so doing, the lesson covers their contract nature of options and their uses.

This is the second of two lessons about real estate purchase options. This lesson explains the problems in using purchase options that arise when the subject of the option is real estate.

This exercise is designed as an introduction for beginning Property students to the basic concepts involved in a traditional contract used in a standard real estate transaction.

This is the second lesson of two designed to introduce the beginning student to the basic concepts involved in a contract for the purchase and sale of real estate.

This exercise gives a basic overview of the types of equitable remedies. You need not have read any particular materials or taken any particular law school courses in order to complete the tutorial. It can be used to provide background in your courses where equity is especially relevant or to review the types of equitable remedies for use in a remedies course.

This exercise is designed as a basic introduction for the beginning student to the fundamental principles involved in real estate financing . However, real estate financing is a complicated topic and best dealt within an upper division Real Estate Finance class. So, this interactive tutorial will not complete the topic, except as typically addressed in a first year Property class.

This lesson lays the foundation for the advanced study of mortgages and financing that is based on the security of mortgage, mortgage variants, and mortgage substitutes.

This is the first of two lessons on title insurance. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, or any lawyer advising or representing such person, needs to know about title insurance. Unfortunately, it's a lot more complicated that the general public believes. This first lesson teaches the basic concepts of title insurance. The next lesson, Title Insurance Coverage, reveals how to determine what title problems are actually covered by a particular policy.

This is the second lesson on title insurance. This lesson is designed to build on what you learned in the first lesson, Title Insurance Basics. Title insurance is a critical component of modern real estate transactions. Anyone buying, selling or owning any interest in real estate, and every lawyer needs to know about title insurance. It's a lot more complicated that the general public believes.

This lesson is designed to teach a student about the various types of covenants of title in deeds and the different types of deeds arising from the covenants they contain. Students who are unfamiliar with real covenants are advised to review the CALI lessons related to real covenants before trying this lesson.

This lesson will introduce you to real estate brokers and familiarize you with: 1) the traditional relationship between real estate brokers and the parties to real estate transactions; 2) the duties that arise from that relationship; and 3) the effects of the breach of that duty.

This lesson is designed to introduce students to the methods by which real estate brokers are compensated. Before beginning this lesson, you should complete Real Estate Brokerage Relationships.

This lesson focuses upon the purpose, interpretation, and application of recording statutes. The lesson should help students understand the following: what a recording act is and what functions a recording act serves; what kinds of interests are covered by recording acts, and what types of persons may claim the protection of a recording act; the three types of recording acts used in American jurisdictions and the differences between them; how to interpret the language of a typical recording act (and to distinguish between the three basic types); and how to apply a recording act to resolve conflicting claims to the same land.

This lesson tries to explain Coasean irrelevance (which is often known as the "Coase Theorem").